Dating someone competing company
Can my employer fire me for what I do on my own time, outside of work? My company has announced that it is going to fire anyone who is a smoker, after strictly enforcing an anti-smoking policy at work for several years. I occasionally mention things that happen to me at work, but don't identify who my employer is. My employer's personnel handbook has a "no-moonlighting" policy. My company has a "no fraternization" policy that restricts managers from socializing with non-management employees. Employment-at-will means that both the employer and the employee can end the employment relationship at any time without notice or reason.
Can I be fired for smoking on the evenings and weekends, even if I have never violated their policy at work? Can my employer restrict me from working for someone else when it doesn't interfere with my work? My company has a policy which requires employees to report to the company if they're dating co-workers. This means the employer has the right to terminate your employment at any time, for any reason, for no reason at all, or for a bad reason, so long as the reason is not illegal--even if your performance has been outstanding.
I recently began dating someone in another department. For more information, see our site's at-will employment page.
So if the reason for your termination is not illegal under the laws of your state, then yes, your employer can fire you for what you do on your own time, outside of work.
For this reason, notification policies are sometimes seen as intrusive. The case, which struck down a Texas law banning consensual homosexual relationships, has been interpreted as upholding the right of all consenting adults to engage in private sexual activity.
With a notification policy, the manager the relationship is being reported to must also be required not to disclose the information, to protect privacy. Employers could potentially be barred from banning workplace romances as a violation of the employee's constitutional right to privacy.
Some states (New York, California, Colorado, North Dakota) have passed laws which prohibit discrimination against an employee for participation in legal activities outside work hours.
With this type of policy, the employees would also have to notify you whenever a relationship ends.
This is a written confirmation to management that any relationship taking place between employees is consensual. According to attorney Ray Gallo, writing for the Daily Journal, forcing an employee to chose between their job and their partner would constitute an invasion of privacy, while a requirement to inform the company of a relationship would not.
The contract may also include the employees' written confirmation that they have been informed of the company's dating policy and the behavior that is expected of them, such as refraining from any acts of retaliation if the relationship ends. When writing a workplace dating policy, it is important to reduce your potential legal liability.
Instead, other areas of the law, such as discrimination, drug testing, and harassment laws, protect an employee's off-duty conduct. I recently tried to get promoted to a managerial position but I was denied because I would be supervising my husband.
Therefore, each different off-duty conduct issue must be looked at carefully. A co-worker is sending me harassing emails through his personal account while off-duty. So I tried applying to a different company but they wouldn't hire me because my husband works for the competitor. The answer to this seemingly simple question is: it depends.